In re B.B., 381 N.C. 343 (2022)
Held:
Affirmed
There is a dissent
by Earls, J. (IAC Claim)
- Facts: In 2019, the juveniles were adjudicated neglected and dependent. Later that year, DSS filed a TPR motion. Mother had been incarcerated but was released the day before the TPR hearing. The TPR was granted on the grounds of neglect. Respondent appealed, arguing the court did not consider the limitations her incarceration imposed on her regarding her ability to work her case plan or provide support.
- Incarceration is neither a sword nor a shield in a TPR proceeding. The findings, which are supported by clear and convincing evidence, show the court considered mother’s actions when she was not incarcerated during times when her children were in DSS custody. Mother did not complete any part of her case plan or send letters, notes, gifts, necessities, or support to the children. Her case plan required she refrain from engaging in criminal activity yet she was arrested and had new criminal charges. These findings support the determination of a likelihood of future neglect.
Category:
Termination of Parental RightsStage:
AdjudicationTopic:
Neglect